Filed: Apr. 27, 2012
Latest Update: Apr. 27, 2012
Summary: ORDER * GARLAND E. BURRELL, Jr. District Judge. Defendant American Home Mortgage Services, Inc. removed this case from state court asserting that diversity jurisdiction justified removal; however, this removal jurisdiction has not been shown to exist. (ECF No. 1.) "There is a strong presumption against removal jurisdiction, and the removing party has the burden of establishing that removal is proper." Lindley Contours, LLC v. AABB Fitness Holdings, Inc. , 2011 WL 398861, at *1 (9th Cir. Feb
Summary: ORDER * GARLAND E. BURRELL, Jr. District Judge. Defendant American Home Mortgage Services, Inc. removed this case from state court asserting that diversity jurisdiction justified removal; however, this removal jurisdiction has not been shown to exist. (ECF No. 1.) "There is a strong presumption against removal jurisdiction, and the removing party has the burden of establishing that removal is proper." Lindley Contours, LLC v. AABB Fitness Holdings, Inc. , 2011 WL 398861, at *1 (9th Cir. Feb...
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ORDER*
GARLAND E. BURRELL, Jr. District Judge.
Defendant American Home Mortgage Services, Inc. removed this case from state court asserting that diversity jurisdiction justified removal; however, this removal jurisdiction has not been shown to exist. (ECF No. 1.)
"There is a strong presumption against removal jurisdiction, and the removing party has the burden of establishing that removal is proper." Lindley Contours, LLC v. AABB Fitness Holdings, Inc., 2011 WL 398861, at *1 (9th Cir. Feb. 8, 2011) (internal quotation marks omitted). Defendant has not sufficiently alleged its citizenship or the citizenship of American Home Mortgage Acceptance, Inc. (ECF No. 1.) "To identify a corporation's citizenship for purposes of diversity jurisdiction, `a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business.'" Montrose Chem. Corp. of Cal. v. Am. Motorists Ins. Co., 117 F.3d 1128, 1134 (9th Cir. 1997) (quoting 28 U.S.C. § 1332(c)(1) (1994)).
Since the removant has failed to show diversity of citizenship removal jurisdiction, this case is remanded to the Superior Court of the County of Placer, as required by 28 U.S.C. § 1447(c), for lack of subject matter jurisdiction under 28 U.S.C. § 1332(a)(1).
FootNotes
* This matter is deemed suitable for decision without oral argument. E.D. Cal. R. 230(g).
